Yogendra Singh And ORS. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12777 of 2012 ====================================================== 1.
Yogendra Singh Son of late Mukund Lal 2.
Shashank Singh Son of late Mukund Lal 3.
Anjali Singh Daughter of late Mukund Lal All Resident of 422 D/1, Kachcu Phulwaria Road, Bakshi, Khurd, P.O and P.S. Daraganj, District Allahabad (U.P.) ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Public Health Engineering Department, Bihar, Patna.
2.
The Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.
3.
The Exeuctive Engineer, Public Health Division,Araria District Araria. 4.
The Assistant Engineer, Public Health Division,Araria District Araria. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Singh, Advocate For the Respondent/s :
Mr.S.Raza Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-05-2024 Heard learned counsel appearing on behalf of the petitioners and the learned counsel for the Respondents/State.
2. In the first paragraph of the present writ petition, the petitioners have sought for following relief(s), which is reproduced hereinafter : - "I. For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the respondent authorities to pay the arrears of salary for the period August, 2010 to February, 2012 with statutory as well as penal interest. (II) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."
Patna High Court CWJC No.12777 of 2012(11) dt.13-05-2024 2/3
3. Learned counsel appearing on behalf of the petitioners submitted that the authority has withheld salary of the petitioners for the period from August, 2010 to February, 2012 without assigning any reason in spite of the fact that already absentee has been submitted before the competent authority, as would appear from Annexure -5 to the writ petition.
4. Petitioners in these backgrounds seek to file a detail representation before the Additional Chief Secretary, Public Health Engineering Department, Government of Bihar.
5. Under the aforesaid facts and circumstances, the Additional Chief Secretary, Public Health Engineering Department, Government of Bihar is directed to call for the service record relating to the petitioners and verify from the record as to whether the petitioners are entitled for pay for the period as prayed for in the present writ petition and in case they are entitled for the same, the same should be paid to them within a period of six weeks from the date of filing of the representation and in case of denial in any manner, the petitioners should be first given an opportunity to be heard and, thereafter, appropriate decision is to be taken in accordance with law within a further period of six weeks from the date of filing of the representation.
Patna High Court CWJC No.12777 of 2012(11) dt.13-05-2024 3/3 6.With the above observation/direction, the present writ petition stands disposed of.
(Purnendu Singh, J) chn/- U